Major capital improvements to a dwelling acquired before 20 September 1985

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If you acquired a dwelling before 20 September 1985 and you make major capital improvements after that date, part of any capital gain you make when a CGT event happens to the dwelling could be taxable. Even though you acquired the dwelling before CGT started, major capital improvements are considered to be separate CGT assets from the original asset, and may therefore be subject to CGT in their own right if you make them on or after 20 September 1985.

If the dwelling is your main residence and you use the improvements as part of your home, they are still exempt. This includes improvements on land adjacent to the dwelling (for example, installing a swimming pool) if the total land, including the land on which the home stands, is 2 hectares or less.

However, if the dwelling is not your main residence or you used the improvements to produce income for any period, the part of any gain that is attributable to the improvements for that period is taxable.

A capital improvement to an existing structure, such as a renovation to your house, is taken to be major if its original cost (indexed for inflation if the improvements were made under a contract entered into before 11.45am (by legal time in the ACT) on 21 September 1999) is:

more than 5% of the amount you receive when you dispose of the dwelling, and

When you dispose of the dwelling, you calculate the capital gain or capital loss on the major improvements by taking away the cost base of the improvements from the proceeds of the sale that are reasonably attributable to the improvements:

capital gain on major improvements

=

proceeds of sale attributable to improvements

-

cost base of improvements

You can choose to calculate the capital gain made on the improvements using either the indexation or the discount method if:

the improvements were made under a contract entered into before 11.45am (by legal time in the ACT) on 21 September 1999

the dwelling was sold after that time, and

you owned the improvements for at least 12 months.

If you entered into the contract to make the improvements after 11.45am (by legal time in the ACT) on 21 September 1999 and you owned them for more than 12 months, you can calculate your capital gain using the CGT discount of 50%.

In calculating the amount of capital proceeds to be attributed to the improvements, you must take whatever steps are appropriate to work out their value. If you make an estimate of this amount, it must be reasonable and you must be able to show how you arrived at the estimated amount.

Example 82: Improvement to a dwelling acquired before 20 September 1985

Martin bought a home in 1984. On 1 December 1993, he undertook major renovations to his home, costing $120,000. He sold the home for $500,000 under a contract that was settled on 1 December 2008. At the date of sale, the indexed cost base of the improvements was $134,640.

Of the $500,000 he received for the home, $200,000 could be attributed to the improvements. Martin used the improvements to produce income from the time they were finished until the time he sold them with the home.

The cost base of the improvements is more than 5% of the $500,000 capital proceeds (that is, $25,000) and more than the 2008-09 threshold of $119,594. Therefore, because the improvements were used to produce income, the capital gain on the improvements is taxable. (Because the improvements were made under a contract entered into before 11.45am (by legal time in the ACT) on 21 September 1999 the indexed cost base can be used.)

As Martin acquired the improvements before 11.45am (by legal time in the ACT) on 21 September 1999 and sold the home after he had held the improvements for at least 12 months, he could use either the indexation method or the discount method to calculate his capital gain on the improvements.

Martin calculates his capital gain using the indexation method as follows:

Amount of proceeds attributable to the improvements

$200,000

less cost base of improvements indexed for inflation

$134,640

Taxable capital gain

$65,360

Martin's capital gain using the discount method (assuming he has no capital losses or other capital gains in the 2008-09 income year and does not have any unapplied net capital losses from earlier years) is:

Amount of proceeds attributable to the improvements

$200,000

less cost base of improvements (without indexation)

$120,000

Capital gain

$80,000

less 50% discount

$40,000

Net capital gain

$40,000

Martin chooses the discount method because this gives him a lower capital gain.

Note: If the improvements had been used as part of Martin's main residence, this gain would be exempt. However, if the home (including the improvements) had been rented out for one-third of the period, one-third of the capital gain made on the improvements would have been taxable.

If construction of the improvements started after 13 May 1997 and they were used to produce income, Martin would also reduce the cost base by the amount of any capital works deductions he claimed or can claim (see Cost base adjustments for capital works deductions). If Martin makes a capital loss, the reduced cost base of the improvements is reduced by the amount of any capital works deductions irrespective of when construction started.

Buildings or structures constructed on land acquired before 20 September 1985

Buildings or structures constructed on or after 20 September 1985 on land acquired before that date are also considered to be separate CGT assets from the original land. The major capital improvement threshold and 5% of capital proceeds rules do not apply to them. Therefore, they may be subject to CGT if you use them other than as your main residence.

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